Welcome to udankhatola.com. Please read these Terms and conditions carefully before using the Website, udankhatola.com, which is an online platform for booking ropeway tickets and to avail other amenities and services being offered at the various aerial passenger ropeway destinations of Usha Breco Limited across India.
These terms and conditions (collectively, hereinafter referred to as the “Terms”) govern your (“User”) access to and use of the website, www.udankhatola.com(“Website”). The Website is owned, managed and operated by Usha Breco Limited (“Usha Breco”), a public limited company incorporated under the Companies Act, 1956 of India, having its registered office at 701, Surya Kiran Building, 19, Kasturba Gandhi Marg, New Delhi – 110 001.
These terms are an electronic record in terms of the applicable legislation. This electronic record is generated by a computer system and does not require any physical or digital signatures. By using the Website, you signify your agreement to be bound by these Terms and Conditions.
www.udankhatola.com allows You to surf the Website or buy ropeway tickets as well as other amenities and services and for yourself, your family and your friends etc…. You shall be deemed to have read, understood and expressly accepted these Terms, which shall govern the desired transaction of ropeway ticket booking through the Website for all purposes, and shall be binding on You. All Your rights and liabilities and/or the Website with respect to Your use of the Website and availing ropeway ticket booking facility (“Facility”) provided by the Website shall be governed by these Terms.
PLEASE NOTE THAT YOUR USE OF THE WEBSITE IN ANY WAY SIGNIFIES YOUR ACCEPTANCE TO THE TERMS. By agreeing to these Terms, You also agree to Usha Breco’s’ other Website policies.
In addition to these Terms, any other ‘terms of service’ of the application-programming interface (“API”) with which Usha Breco may tie-up would form an integral part of these Terms (hereinafter referred to as the “API Terms”). However, in the event of a conflict between such API Terms and these Terms, these Terms provided herein shall prevail.
Both You and Usha Breco are individually referred to as ‘Party’ and collective referred to as ‘Parties’, in these Terms.
- For the purpose of these Terms, wherever the context so requires “You” or “User” (would mean ‘www.udankhatola.comuser’) shall mean any natural or legal person who has agreed to become a buyer of the ropeway tickets and/or a person availing the Facility being offered on the Website.
- The term “We” or “Us” or “Our” or www.udankhatola.comshall mean Usha Breco and/or its affiliates.
- Our Website:
www.udankhatola.com is an online platform, which gives facilities to prospective passengers for booking ropeway tickets as well as other amenities and services offered at the various aerial passenger ropeway destinations of Usha Breco Limited. In light of the foregoing, Usha Breco state the following:
- The Website lists the availability of ropeway tickets of the ropeways of Usha Breco Limited across India.
- You understand and agree that the fare of the ropeway tickets listed and/or offered for sale on the Website, are subject to and in accordance with the terms and conditions of respective concession agreements and other statutory regulations applicable to respective ropeways.
- You further agree and acknowledge that all the ‘discounts/coupons (if any)’ on the Website/prices at which the ropeway tickets are being sold by Usha Breco on the Website is merely an “invitation to offer” in accordance with the applicable law and shall not be construed to be an “offer” in accordance with the applicable law. Hence, in light of the foregoing, when you agree to purchase the ropeway tickets listed on the Website by Usha Breco, that would be termed as a ‘valid offer’ under the applicable law Subsequently, when the same is being confirmed by Usha Breco it tantamount to be a ‘valid contract’ as per the applicable law.
- User Account:
www.udankhatola.com may offer You the facility of opening user account on the Website. This user account can be linked to the Your email-id or phone number or both. For Your use of the Website, either by registering an account with www.udankhatola.comor using the Website as a guest (unregistered user), You agree to the following:
- You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your device to prevent unauthorized access to Your account when You use the Website by registering an account with udankhatola.com.
- By using the Website, either as a guest user or registered user, You authorise udankhatola.com and its agents to access third party sites, including but not limited to that of banks and other payment gateways, designated by the bank or on the bank’s behalf for retrieving requested information for processing of a customer generated transaction on the Website.
- In the event that You use the Website through a registered account, You agree to accept responsibility for all activities that occur through your udankhatola.comaccount.
- In the event that You use the Website through a registered account, You should take all necessary steps to ensure that the password is kept confidential and secure and should inform udankhatola.comimmediately if You have any reason to believe that Your password has been compromised, or if the password is being, or is likely to be, used in an unauthorised manner. www.udankhatola.comshall not be liable for any losses You may incur owing to any compromised login credentials of Your www.udankhatola.comaccount. Please ensure that the details You provide www.udankhatola.comare correct, complete and up to date and inform www.udankhatola.com immediately of any changes to the information that You provide at the time of registering Your account with www.udankhatola.com.
- udankhatola.com will not be responsible for screening, censoring or otherwise controlling transactions, including ascertaining whether the transaction is legal and valid as per the laws of the land, if you are resident/national of a country other than India.
- You warrant that You will abide by all such additional procedures and guidelines, as modified from time to time, in connection with Your use of Website. You shall also be liable to comply with all applicable laws and regulations regarding use of the Website with respect to the jurisdiction concerned for each transaction.
- Website may be used for Your personal and non-commercial purposes only. Therefore, You are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or Facility available on Website for any commercial or competitive activity/purpose.
- udankhatola.com reserves the right to refuse Your access to Website, terminate Your www.udankhatola.com account, cancel any ropeway ticket reservations, remove and/or edit content on the Website at any time without notice if we have reasonable belief that Your account is being used for purposes other than as defined under Clause 3.7.
- Membership Eligibility:
- Use of the Website is available only to persons who can enter into legally binding contracts under the applicable law. Persons who are “incompetent to contract” within the meaning of the applicable law are not eligible to use the Website. If You are a minor, you shall not register as a User of the Website and shall not transact on or use the Website.
- As a minor if You wish to use or transact on the Website, such use or transaction may be made by Your legal guardian or parents. We reserve the right to terminate Your membership and/or refuse to provide You with access to the Website if it is discovered that You are a minor or incompetent to contract according to the law.
- Udan Khatola Wallet:
www.udankhatola.com may provide at its sole discretion, the facility to transact through an online Udan Khatola wallet (“Wallet”) to its registered users with the following features:
- Upon cancellation of previously booked tickets, You would be accorded an option of either withdrawing such amounts to Your bank account/credit card linked to the account or to the Wallet.
- The cash equivalent balance available in the Wallet may be used by the Customer for making ropeway ticket bookings on the Website only.
- The present form and format of the Wallet, issued by udankhatola.com to its Customers, is modelled on a closed system prepaid payment instrument.
- Any promotional cash deposited in to Your Wallet by udankhatola.com, will not be refundable into Your bank account on cancellation of a reservation. This promotional cash has an expiry date beyond which, it will not be available for Your usage.
- Any Wallet balance lying unused in the Your Wallet for more than one (1) year will be blocked and transferred to a Trust account. It will be held in the Trust account for a maximum period of one year, after which any unclaimed amount will be forfeited.
- Maximum of 10% of the ticket price can be availed from the wallet offer cash for ticket booking.
We value the trust you place in us. That’s why we insist upon the highest standards for secure transactions and customer information privacy. Please read the following statement to learn about our information gathering and dissemination practices.
- Collection of Personally Identifiable Information and other Information
When you use our Website, we store your browsing information. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customise our Website to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.
In general, you can browse the Website without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website. We may automatically track certain information about you based upon your behaviour on our Website. We use this information to do internal research on our users’ demographics, interests, and behaviour to better understand, protect and serve our users. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your computer browser information, and your IP address.
We use data collection devices such as “cookies” on certain pages of the Website to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. “Cookies” are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a “cookie”.
If you choose to buy on the Website, we collect information about your buying behaviour.
If you transact with us, we collect some additional information, such as a billing address, a credit / debit card number and a credit / debit card expiration date and/ or other payment instrument details.
If you choose to post reviews and tips about ropeways or post messages or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you.
We collect personally identifiable information (email address, name, phone number.) from you when you set up a free account with us. We do use your contact information to send you offers based on your previous orders and your interests.
Express Check Out
With your explicit approval and to ease the payment process we may from time to time prompt you to allow us to save your credit/debit card information. With the help of Express check out, you can pay by credit/debit card using just one click. This will expedite the payment process and will only be done with your explicit approval. The details are stored on encrypted servers and you have our word that they will be safeguarded to the best of our ability.
- Sharing of personal information
We will share personal information with companies, organizations or individuals outside of Usha Breco if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- meet any applicable law, regulation, legal process or enforceable governmental request.
- enforce applicable Terms of Service, including investigation of potential violations.
- detect, prevent, or otherwise address fraud, security or technical issues.
- protect against harm to the rights, property or safety of Usha Breco, our users or the public as required or permitted by law.
- We may share aggregated, non-personally identifiable information publicly and with our partners – like marketing partners, agents or connected sites. For example, we may share information publicly to show trends about the general use of our services. We may also share consolidated information provided by like-minded users with our business partners without ever taking individual names, email ids or other contact details.
Our Website has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access in order to protect users against identity theft, spyware; etc…
We have implemented and use Display Advertising through Remarketing with Google Analytics You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Preferences Manager. Third-party vendors, including Google, show our ads on sites across the Internet. We and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to our website.
- This Website may contain links to other websites maintained by third parties (“External Sites”). These External Sites are linked to the Website for Your reference and convenience only. Usha Breco does not operate, control or endorse in any respect such External Sites or their content. You assume sole responsibility for use of these External Sites and is therefore, advised to examine the terms and conditions of those External Sites carefully.
- You must not link Your own website or any third party website, to this Website without obtaining the prior written approval of Usha Breco. Use of any automated screen capture or screen scraping technologies to obtain information from this Website without the prior written approval of Usha Breco is an infringement of our intellectual property rights.
- Usage Conduct:
- You acknowledge that You only have a limited right to use the Website and that You have no right to modify any part of the Website or reproduce, copy, distribute, sell, resell or access the Facility for any commercial purposes.
- You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged in these Terms. You shall use this Website, and any ropeway tickets purchased through it, for personal, non-commercial use only and shall not re-sell the tickets to any other person.
- You may not use any meta tags or any other hidden text utilizing the Website or its affiliates’ names or trademarks without the express written consent of Usha Breco and or its affiliates, as applicable.
- You must not use the Website for any of the following:
- for fraudulent purposes, or in connection with any criminal acts or other unlawful activity; and/or
- to send or transport in the ropeway, any material that does not belong to You; or material that is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” to cause annoyance, inconvenience or needless anxiety.
- Use of Communication Services
The Website may contain services such as email, chat, bulletin board services, information related to recommendations, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as “Communication Services”). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
The User agrees and undertakes that when using a Communication Service, the User will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents; upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service; violate any applicable laws or regulations for the time being in force in or outside India; and violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
Usha Breco has no obligation to monitor the Communication Services. However, Usha Breco reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. Usha Breco reserves the right to terminate the User’s access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Usha Breco reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Usha Breco’s sole discretion.
Usha Breco does not control or endorse the content, messages or information found in any communication service and, therefore, Usha Breco specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user’s participation in any communication service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for keeping himself updated of and adhering to such limitations if they download the materials.
- When You use the Website or send emails or other data, information or communication to Usha Breco, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic means from Usha Breco periodically and as and when required.
- We may communicate with You through email/SMS or by such other mode of communication, electronic or otherwise.
- Disclaimer of Warranties and Liability:
- This Website, all the services (including but not limited to software) included on or otherwise made available to You through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing by Usha Breco or on the Websiteudankhatola.com.
- Without prejudice to the forgoing paragraph, Website does not warrant that:
- Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading.
- Usha Breco will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website, wherever, the same is not under the control of Usha Breco. The Website does not warrant that this Website; information, content, materials, product (including software) Facility or services included on or otherwise made available to You through the Website; the servers; or electronic communication sent from us are free of viruses or other harmful components, despite our best efforts to prevent these incidents.
- You are required to enter a valid phone number while booking ropeway ticket on the Website. By registering Your phone number with us, You consent to be contacted by us for the purposes of the transaction on the Website or for sending you promotional offers or content.
- For the purpose of booking ropeway tickets through the Website, we warrant that we shall be responsible for the following activities:
- Issuing a valid ticket (a ticket that will be accepted by respective ropeway); and
- Providing customer support and information in case of any delays in the operation of a ropeway / inconvenience caused to You.
- Usha Breco will process the ticket cancellation request from customers subject to the cancellation and refund policy of the respective ropeway. The cancellation fee may differ for each ropeway.
- By the use of any of the payment method/s available on the Website by You, Usha Breco shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to any of the following:
- Lack of authorisation for any transaction/s; or
- Exceeding the pre-set limit mutually agreed by You and any bank/s; or
- Any payment issues arising out of the transaction; or
- Decline of transaction for any other reason/s.
- Please note that:
- Transactions, transaction price and all commercial terms governing the provision of services are bipartite contractual obligations between You and the Usha Breco.Use of the payment Facility shall not render Usha Breco liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, or fraud as regards the services listed on the Website and which are provided by any third party.
- You have specifically authorized the Website or its service providers to collect, process, facilitate and remit payments and/or the transaction price electronically. Your relationship with Website is on a principal to principal basis and by accepting these Terms You agree that Website is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Website that are paid for by using the payment facility.
- You understand, accept and agree that the payment facility provided through any third party on the Website is neither a banking nor financial service provided by Usha Breco, but is merely a facilitator providing an electronic, automated online electronic payment collection and remittance facility for the Transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility Website is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
- Cancellation & Refund Policy:
Usha Breco will process the ticket cancellation request from You as per the cancellation/refund policy. The cancellation fee and the period taken to process the refund will differ for each ropeway.
- How does the customer cancel a ticket?
Please call on 0120- 4183700 for all cancellation related queries. Our customer support team will help you process the request as per the cancellation policy.
- Refund Policy
- Customer will be entitled to a 100% refund of ticket fare if the cancellation of the journey is attributable to either Usha Breco or of any ropeway. Customer will not be entitled to refund for cancellation of tickets for any other reasons.
- In the event of dishonour of ticket at the ropeway due to reason attributable to Usha Breco, a full refund of the ticket fare would be processed within seventy two (72) hours. The refund would be credited to the customer within seven (7) working days of the dishonour of ticket.
- Carriage Policy:
- You are responsible for ensuring that Your travel date and time are correct before booking/reserving the ropeway tickets or when you select to confirm your ticket purchase on the Website. Please check the cancellation Policy available on the Website for details about cancellation and refunds.
- You are solely responsible to be at the specified ropeway boarding station reasonably in advance.
- At ropeway location, Usha Breco reserve the right to refuse you and your luggage from carriage on the ropeway for whatsoever reason that they deem justified, including but not limited to:
- Carrying of contraband, illegal substances, fragile or oversize/overweight luggage, Your unruly behaviour, drunkenness or any other behaviour that the employees at ropeway deems to affect the other passengers’ comfort or safety.
- You are unable to produce valid government issued identification proof while travelling.
- The payment of Your fare for the ticket is fraudulent;
- The booking of ropeway journey has been done fraudulently or unlawfully or has been purchased from a person not authorized by Usha Breco;
- The credit card through which your payment was made for the ticket booking has been reported lost or stolen;
- The itinerary or booking or confirmation slip is counterfeit or fraudulently obtained;
- The itinerary of your reservation has been altered by a person other than Usha Breco or our authorized agent on your express instructions;
- You are unable to produce a valid and legible boarding ticket for the intended ropeway travel. The boarding ticket constitutes as the prima facie evidence of the contract of carriage between the Usha Breco and the boarding ticket holder;
- You are deemed medically unfit to travel and may pose a health hazard to other passengers on board the ropeway, at the absolute discretion of the ropeway operating employees of Usha Breco;
- You fail to arrive on time to board before the time or fail to board the ropeway.
- If Usha Breco has refused to carry You on ropeway or choose to remove You from ropeway as per the reasons abovementioned, we reserve the right to cancel the unused ticket and You will not be entitled to further ropeway ride or refund of fare. We will not be liable for the consequential or incidental loss, damage, cost, or fee You may incur due to the refusal of carriage.
- Children below age twelve (12) will not be allowed to book tickets for themselves nor will be allowed to travel, unless they are accompanied by an adult.
- Children above the height of 110 centimetre need to compulsorily obtain a ropeway ticket at the regular fare of the ticket.
- The respective ropeways reserve the right to reschedule, cancel, and/or delay any ropeway journey for reasons Usha Breco deem necessary to do so.
- You are responsible to ensure that valid and necessary government issued personal identification documents, such as the passport, PAN card or Aadhaar card, are carried with you for the journey.
- Intellectual Property Rights:
- Content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Usha Breco, its affiliates or its content suppliers and is protected by Indian and international copyright and database right laws.
- The compilation of all content on this Website is the exclusive property of Website and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this Website is the property of Usha Breco, its affiliates or its software suppliers and is protected by Indian and international copyright and authors’ rights laws.
- You may not systematically extract/or re-utilise any parts of the contents of the Website without our express written consent. In particular, You may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Website, without Usha Breco’s express written consent. You may also not create and/or publish Your own database that features substantial (example: prices and service listings) parts of the Website without Usha Breco’s express written consent.
- You cannot use the Usha Breco trademarks for commercially exploiting them for Your interests without our express permission. We reserve the right to initiate legal proceedings if we discover any infringement of our intellectual property rights.
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and Usha Breco and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorises Usha Breco and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Usha Breco and its agents as their agent for this purpose.
- Grievance Officer:
In case of any consumer grievance, the End-User may contact Usha Breco on the email address email@example.com.
- You shall indemnify and hold harmless Usha Breco, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms or any document incorporated by reference, or Your violation of any law, rules, regulations or the rights of a third party.
- You hereby expressly release Usha Breco or any of its affiliates or officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Usha Breco will not be responsible for any loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) and any other indirect or consequential loss to You when You commenced using the Website.
- Governing law and Jurisdiction:
These Terms are governed by and shall be construed in accordance with the laws of India. The courts in National capital Territory of Delhi shall have exclusive jurisdiction in respect of any disputes arising out of or in connection with these Terms.
- Suspension, Termination or Cancellation
Website may suspend, cancel or terminate Your account registered with us, with or without prior notice, if we believe in good faith that You have breached any of these Terms or any other terms or policies referred to in these Terms.
Usha Breco reserves the right, at its sole discretion, to accept, hold and/or cancel any reservation of ropeway tickets made by the You on the www.udankhatola.com, its mobile website and its mobile applications, which is deemed to be fraudulent or suspicious by Usha Breco.
Usha Breco will endeavour to inform You in the event of cancellation of reservation, owing to fraud or suspicious activity, to the best of its capacity, but shall not be liable for a failure to communicate to You of such cancellation.
- Amendment / Modification:
Usha Breco reserves the right to modify these Terms at any time with or without any further notice by uploading the revised Terms on the Website and it is Your duty to keep yourself aware of the revisions to the Terms of the Website.
- Limitation Of Liability:
THE WEBSITE/USHA BRECO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, SITE, FACILITY, TRANSACTION PROCESSING SERVICE, INABILITY TO USE THE FACILITY OR THE TRANSACTION PROCESSING SERVICE, OR THOSE RESULTING FROM ANY FACILITY PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, BEYOND THE VALUE OF THE LAST TRANSACTION CARRIED OUT BY YOU THROUGH THE WEBSITE.
- The Parties acknowledge and accept that electronic format shall be deemed an acceptable means of communication for the purposes of these Terms.
- These Terms constitute the complete and entire set of terms between the Parties on the subject of ‘terms of usage of the Website’ (save and except the other policies and terms referred to in these Terms) and shall supersede any and all other prior understandings, commitments, representations or agreements, whether written or oral, between the Parties to these Terms.
- If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or enforceability shall not affect the other provisions of these Terms, which shall remain in full force and effect.
- In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms or by law, be deemed to be or construed as a waiver of that or any other right, so as to bar the enforcement of that, or any other right, power privilege, claim or remedy, in any other instance at any time or times subsequently